Sri Mohammed Ammerjan vs B.V.Srinivasan
2023 Latest Caselaw 7283 Kant

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                                                    NC: 2023:KHC:37529
                                                 CRL.A No. 600 of 2020




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 13TH DAY OF OCTOBER, 2023

                                      BEFORE
                        THE HON'BLE MR JUSTICE S RACHAIAH
                        CRIMINAL APPEAL NO. 600 OF 2020 (A)
              BETWEEN:

              1.      SRI. MOHAMMED AMMERJAN,
                      AGED ABOUT 69 YEARS,
                      S/O LATE MOHAMMED AKBAR SAHIB,
                      SINCE DEAD BY HIS LRS,

              1(A). SHAKIRA BANU,
                    W/O LATE SRI. MOHAMMED AMMERJAN,
                    AGED ABOUT 56 YEARS,
                    R/AT NO.A/03, 2ND FLOOR,
                    C.K. JAFFAR SHERIFF APARTMENT,
                    NO.46, HAINES ROAD, FRAZER TOWN,
                    BENGALURU - 560 005.
                                                          ...APPELLANT
              (BY SRI. BALASUBRAMANYA B.N, ADVOCATE FOR
                   SRI. M.T. NANAIAH ASSOCIATES, ADVOCATE)
Digitally
signed by N
UMA           AND:
Location:
HIGH
COURT OF      B.V.SRINIVASAN,
KARNATAKA
              AGED ABOUT 80 YEARS,
              S/O SRI. VENKATARAMANA SHETTY,
              R/AT NO.7-468,
              PANCHARATHNA NILAYA, 4TH CROSS,
              SOUTHERN EXTENSION, MAHADESWARA
              CHOWLTRY ROAD, KOLLEGALA - 571 440,
              CHAMARAJANAGAR DISTRICT.
                                                        ...RESPONDENT
              (BY SRI. GANESH T, ADVOCATE)
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                                                  NC: 2023:KHC:37529
                                            CRL.A No. 600 of 2020




       THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CODE OF CRIMINAL PROCEDURE PRAYING TO SET
ASIDE THE JUDGMENT DATED 15.10.2019 PASSED BY THE
LXVI     ADDITIONAL     CITY    CIVIL   AND       SESSIONS    JUDGE,
BENGALURU (CCH-67) IN CRL.A.NO.1942/2018 AND CONFIRM
THE JUDGMENT DATED 29.08.2018 PASSED BY THE VIII
ADDITIONAL SENIOR CIVIL JUDGE AND XXXIII ADDITIONAL
CHIEF       METROPOLITAN         MAGISTRATE          MEMBER-MACT,
BENGALURU       IN   C.C.NO.27090/2012        -   ACQUITTING        THE
RESPONDENT/ACCUSED           FOR    THE    OFFENCE      PUNISHABLE
UNDER SECTION 138 OF N.I.

       THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

1. Learned counsel for the respective parties, the wife

of the complainant and the respondent are present before

the Court.

2. The learned counsel for the respective parties have

filed a joint memo, wherein at paragraphs 2 and 3 reads

thus :

"The Appellant and respondent submits that, at the intervention of the elders and family friends, the dispute between the Appellant and the respondent is amicably

NC: 2023:KHC:37529 CRL.A No. 600 of 2020

settled and accordingly, the respondent is agreed to pay an amount of Rs.2,00,000/- to the Appellant and the Appellant also agreed to the same.

3. The Appellant and respondent submits that in view of the order passed by the trial court, Respondent already deposited an amount of Rs.1,23,000/- before the trial court and There is no objection to return the amount in favour of Respondent Sri. B.V. Srinivasan. Now respondent paying 77,000/- by way of cash and also there is no further payment due, this is the full and final settlement. Respondent agreed to pay remaining amount Rs.1,23,000/- in the next week through Cheque."

3. On careful reading of the averments of the said

Memo, there is no embargo for this Court to record the

Compromise since the offence punishable under Section

138 of the Negotiable Instruments Act is compoundable

and also bailable in nature. Therefore, it is appropriate to

record the compromise.

4. In terms of the compromise, I proceed to pass the

following :

ORDER

(i) The Criminal Appeal stands disposed of.

NC: 2023:KHC:37529 CRL.A No. 600 of 2020

(ii) The Trial Court is directed to release the

amount in favour of the respondent/accused

after proper identification.

(iii) In spite of acquittal has been passed by the

First Appellate Court, the respondent/

accused voluntarily settled the matter by

paying the settled amount is notably

appreciated. The appreciation is taken on

record.

Sd/-

JUDGE

SNC

CT: BHK